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Difficulties with Damages as a Ground for Specific Performance

Research output: Contribution to journalJournal article

Published

Associated organisational unit

Journal publication date1999
JournalKing's College Law Journal
Volume10
Number of pages11
Pages1-11
Original languageEnglish

Abstract

This article discusses the granting of specific performance and the rule that specific performance will not be awarded where damages are an adequate remedy. It argues that where damages are difficult to calculate this may make damages an inadequate remedy, depending on whether the difficulty is intrinsic to the contract and its circumstances and the circumstances of breach, or extrinsic, where the difficulty is essentially evidential. The article concludes that damages may be found to be inadequate where the quantification difficulty is intrinsic, but not where it is merely extrinsic.